Previous Daf

NEDARIM 42

Ask A Question

SUMMARY If someone vows prior to Shevi'is that his friend may not benefit from him the friend may not enter his field and may not eat the overhanging fruit.   If someone vows prior to Shevi'is that his friend may not benefit from his food the friend may enter his field, but may not eat the fruit.   If someone vows on Shevi'is that his friend may not benefit from his food he may enter his field and eat the fruit.   If someone vows prior to Shevi'is that his friend may not benefit from Nichsei Eilu he may not enter his field and he may not eat the overhanging fruit even on Shevi'is. (1)   If someone vows on Shevi'is that his friend may not benefit from his property he may not enter his field but he may eat the overhanging fruit. (2)   If someone vows on Shevi'is that his friend may not benefit from his property if the fruit is impossible to pick without entering the field he may he may enter the field in order to pick the fruit.   Rebbi Shimon Ben Elyakim holds that he may not enter the field even if it is impossible to pick the fruit without entering the field. (3)   If someone vows prior to Shevi'is that his friend may not benefit from Nichsei Alecha he may not enter his field or eat the fruit but on Shevi'is he may eat the overhanging fruit.   If a father vows that his son may not benefit from him the son inherits him when he dies.   If the father vows that his son may not benefit from him in his lifetime and after his death the son does not inherit him. (4)   If someone vows to his friend that he will not enter his house or buy his field, if the friend dies or sells it to someone else it is permitted to him.   If someone vows to his friend that he will not enter this house or buy this field, even if the friend dies or sells it to someone else it is forbidden to him. A BIT MORE 1. Even though the fruit is Hefker on Shevi'is he is capable of prohibiting them even after they become Hefker because at the time of the Neder they were not yet Hefker.   2. Since at the time he made the Neder the fruit is already Hefker he does not have the ability to prohibit them.   3. Because of a Gezeirah that he may stay too long in the field.   4. Although the son may not benefit from the property after the death of his father, the inheritance does technically belong to him.

BRIEF INSIGHT STANDING TOO LONG   If someone vows on Shevi'is that his friend may not benefit from his property, if the fruit is impossible to pick without entering the field he may enter the field in order to pick the fruit. Rebbi Shimon Ben Elyakim holds that he may not enter the field even if it is impossible to pick the fruit without entering the field because of a Gezeirah that he may stay too long in the field. The Ran asks "Why are the Rabanan concerned that he may stay in the field too long even though he is standing while previously Shmuel said that if someone is visiting an ill person he may not sit because we are concerned that he will sit too long, but he may stand because we are not concerned that he will stand too long?" The Ran answers that when visiting the sick it is normal to sit and since we force him to stand he will remember not to stay too long. However when picking fruit it is normal to stand and there is nothing to remind him not to stay too long. QUICK HALACHAH FRUIT OF SHEVI'IS   If Shimon prohibited Reuven from benefiting from him, Reuven may not enter the field of Shimon even on Shevi'is when everything is Hefker. If he made the Neder on Shevi'is he may eat the overhanging fruit but he may not enter the field to eat fruit even though the land is Hefker on Shevi'is because of a Gezeirah that he may stay in the field even after he eats the fruit, and the land is only Hefker while it still has fruit. (Rambam Hilchos Nedarim 6:13)

Next Daf

MAIN NEDARIM PAGE

D.A.F. Home Page

---

Other Masechtos  •  Join Mailing Lists  •  Ask the Kollel Dafyomi Calendar  •  חומר בעברית Donations  •  Feedback  •  Dafyomi Links